Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B31: Labelling requirements 

Date when the measure came into force

23 March 2007 

Publication where the measure is specified

GOVERNMENT GAZETTE, 23 MARCH 2007 

Regulation where the measure is specified

FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT, 1947 (ACT No. 36 OF 1947 REGULATIONS REGARDING FERTILIZERS 

Country/Region applying the measure

South Africa 

Coded list of objectives

C: Protection of life and health of plants 

Description of the measure

Details to be marked or labelled on containers
12. A container in which an imported fertilizer for sale in the Republic is packaged must, in addition to any details that the Registrar may approve, must be marked or labelled with the details that a comparable fertilizer,manufactured in the Republic, would be required to have.
17. (1) The following details relating to a fertilizer must be printed on a label affixed to a container of such a fertilizer or marked on such container and such details should appear in the following order:
(a) The registered trade mark, if applicable, and the trade name under which such fertilizer has been registered;
(b) The registered name of such fertilizer.
(c) The registered plant nutrient present in such fertilizer, expressed in the form and manner intended in sub regulation (2).
(d) The registration number of such fertilizer together with a reference to the Act, expressed as "Reg Nr. ... .... Act No. 36 of 1947".
(e) The mass in the case of a solid and the volume or mass in the case of a liquid of such fertilizer at the time of packaging thereof, notwithstanding the provisions of the Trade Metrology Act, 1973 (Act No.77 of 1973); and
(9 The name, address and contact details of the registration holder.
(2) The details referred to in sub regulation above are those that, in terms of Part 1 of Annexure A, paragraphs 1 to 9 of the Requirements for the Registration of Fertilizers in the RSA, are required or approved to be indicated, and
(a) the element symbol of the particular plant nutrient must be followed by the registered content of the plant nutrient expressed in for macronutrients and for micronutrients, rounded off to the lower whole number;
(b) should more than one plant nutrient require to be indicated, the details given in sub regulation should be given with respect to each such plant nutrient in the order required or approved;
(c) besides the details in sub regulation and (b) the details in Annexure A should be given;
(d) should the sum of the total plant nutrients be given it should be given between brackets after the details indicated in sub regulations (b) and (c); and
(e) in the case of a low chlorine mixture indicating the potassium carrier is optional.
(3) The details mentioned in sub regulations and (2) must be given on one label that is affixed to one side of the container of the particular fertilizer or given on one side of such container and such details shall be clearly legible symbols, letters and figures. Print size of 8 points is recommended where applicable.
(4) Instructions for use in respect of a fertilizer must appear on a label that is affixed to the container of such a fertilizer or if space on such label is limited on the back of the container or on a pamphlet placed in such container or the invoice as intended in regulation 18 provided that instructions for use are compulsory in the following cases:
(a) if such a fertilizer has been registered to be applied by foliar application:
(b) if such a fertilizer is also registered as an animal feed, agricultural product or animal product in terms of the Act;
(c) if such a fertilizer is intended for use in hydroponics;
(d) if such a fertilizer is a home or garden fertilizer.
(5) The instructions for use in sub regulation (4) or those that may be used optionally must be as approved by the Registrar.
Supply of invoices
18. (1) Should a fertilizer with the exception of a prescription mixture be sold loose:
(a) the invoice must contain the details required in Regulation 17;
(b) a sample of the fertilizer, excluding agricultural lime and organic fertilizers, shall be taken provided that such sample:
(i) is taken by a method described in Annexure A;
(ii) it is divided into two containers of at least 250 g or 250mm that are sealed and labelled in such a manner that the fertilizer can easily be identified as that described in the invoice;
(c) one container of sample referred to in subparagraph (ii) must accompany the invoice and the other be retained by the seller for at least 6 months.
(2) On delivery, an invoice must be handed over to the person to whom the fertilizer is delivered or his representative: provided that such a person acknowledge receipt of same in writing. 

Reference of the measure

Part IV section 12 & Part V Section 17 &18 

Measure also domestic

Yes 

Products affected by the measure.

Description

Fertilizers 

Countries/Regions affected by the measure.

Description

All countries